Tom C. Clark

“ The opinion of the court recognized that, before Accardi was entitled to another Board hearing, he had to prove that a majority of the Board not only knew of the 'list' but were affected by it. However, the opinion concluded that the Board's position that its judgment had not been affected the 'the list' was incredible. We find nothing incredible in the uncontradicted testimony produced before the trial judge through a number of witnesses including the Board members. ”

“ On the remand, the District Court, after a full hearing, found that the Board members 'reached their individual and collective decision on the merits, free from any dictation or suggestion * * *' and again dismissed the writ. ”

“ He concluded that the finding of the trial judge was not clearly erroneous. We agree with the dissenting judge both as to the interpretation of our prior opinion and its application to the facts of this case. ”